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MINUTES OF THE <br />ORONO CITY COUNCIL MEETING <br />Monday, September 11, 2006 <br />7:00 o'clock p.m. • <br />(8. #06 -3212 HEMPEL PROPERTIES, OUTLOT A STONEBAY (NW CORNER OF WILLOW <br />DRIVE NORTHAND HIGHWAY 12), Continued) <br />Gaffron stated at the Planning commission meeting a number of residents of Stonebay expressed concerns <br />that this is becoming exclusively an office site and that they would prefer some retail. <br />Bremer stated the residents were very supportive at the Planning Commission meeting for retail at this <br />site. Bremer noted the medical building at the corner is not fully leased out. <br />Gaffron stated the residents had concerns that the office building would not be able to make a go of it. <br />Bremer stated there are a number of empty- nesters in that area as well as families with small children and <br />the majority of the residents stated they were expecting some type of retail on this site. <br />Brokl stated one of the issues for consideration tonight is the fact that there is a conflict between'the <br />current Comprehensive Plan and what is zoned for this property, with the Comprehensive Plan taking <br />precedent. This site is currently guided for professional office as well as limited service uses and retail <br />uses accessory to the office use. The site is zoned RR -1B rural residential. Brokl indicated the <br />Comprehensive Plan either needs to be changed or the zoning needs to be changed. <br />Brokl stated the applicant meets the requirements of the current Comprehensive Plan, noting that one <br />building must be a pharmacy /convenience store as guided. The challenge for the City is to maintain its <br />legal ability to limit a guide down to one building being medical/convenient store. Brokl indicated he is • <br />not aware of a prior case that has said a city can be that specific for a site in their comprehensive plan. <br />Brokl stated currently the guide says limited retail uses accessory to the office uses and that in his opinion <br />the applicants have approval for some type of limited retail. <br />Murphy stated the whole idea behind that language was to arrive at language that would allow retail that <br />supports the office complex and that a Subway or a Caribou or a drive -in cleaners does not meet the letter <br />of what the City was attempting to accomplish with that language. <br />White stated a development should be self - sufficient and that the concerns raised by the citizens were not <br />present at the time this process was started. <br />Murphy commented he would be okay with a dry- cleaners without a drive -up. <br />McMillan stated the point is what is limited retail and how that can be written into the Comprehensive <br />Plan. <br />Gaffron stated a portion of the documentation for the Ryan development was a rezoning that allowed for <br />some limited retail. Gaffron stated that document listed the types of development that would and would <br />not be allowed. <br />Brokl stated the list that was created for the Ryan Development did specify what types of retail would be <br />appropriate. Brokl recommended that the Council not limit the type of retail in the Comprehensive Plan <br />but to limit it in the rezoning documents. Brokl stated since this is a Planned Unit Development, the <br />PAGE 12 of 20 <br />